Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 11 May 2012 of the
Conservation and Land Management Act 1984 and includes the amendments
made by the other written laws referred to in the following table 1a,
9. The table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
126 of 1984 |
8 Jan 1985 |
s. 1 and 2:
8 Jan 1985; |
|
|
Conservation and Land Management Amendment
Act 1985 |
86 of 1985 |
4 Dec 1985 |
4 Dec 1985 (see s. 2) |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Acts Amendment (Land Administration) Act 1987
Pt. XVI |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette
16 Sep 1988 p. 3637) |
|
Acts Amendment (Swan River Trust) Act 1988
Pt. 2 |
21 of 1988 |
5 Oct 1988 |
1 Mar 1989 (see s. 2 and Gazette
27 Jan 1989 p. 264) |
|
Conservation and Land Management Amendment
Act 1988 |
76 of 1988 |
9 Jan 1989 |
s. 1 and 2:
9 Jan 1989; |
|
Conservation and Land Management Amendment
Act 1991 |
20 of 1991 (as amended by No. 8 of 2009
s. 35(2)) |
25 Jun 1991 |
s. 1 and 2:
25 Jun 1991; |
|
Reprint of the Conservation and Land Management
Act 1984 as at 16 Jan 1992 (includes amendments listed
above) |
|||
|
Acts Amendment (Game Birds Protection) Act 1992
Pt. 3 |
18 of 1992 |
16 Jun 1992 |
16 Jun 1992 (see s. 2) |
|
Conservation and Land Management Amendment
Act 1992 10 |
66 of 1992 |
11 Dec 1992 |
11 Dec 1992 (see s. 2) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Conservation and Land Management Amendment
Act 1993 11 |
49 of 1993 |
20 Dec 1993 |
20 Dec 1993 (see s. 2) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
53 of 1994 |
2 Nov 1994 |
1 Oct 1995 (see s. 2 and Gazette
29 Sep 1995 p. 4649) |
|
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 29 Dec 1995 p. 6291) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 51 and 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Reprint of the Conservation and Land Management
Act 1984 as at 20 Jan 1997 (includes amendments listed
above) |
|||
|
Acts Amendment (Marine Reserves) Act 1997
Pt. 2 4, 6 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette
29 Aug 1997 p. 4867) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 13 and s. 141 12 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 36 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 22 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Reprint of the Conservation and Land Management
Act 1984 as at 26 Mar 1999 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 8 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Conservation and Land Management Amendment
Act 2000 13, 14 |
35 of 2000 |
10 Oct 2000 |
16 Nov 2000 (see s. 2 and Gazette
15 Nov 2000 p. 6275) |
|
Criminal Investigation (Identifying People) Act 2002
Sch. 2 cl. 2 |
6 of 2002 |
4 Jun 2002 |
29 Jun 2002 (see s. 2 and Gazette
28 Jun 2002 p. 3037) |
|
Labour Relations Reform Act 2002
s. 17 |
20 of 2002 |
8 Jul 2002 |
15 Sep 2002 (see s. 2 and Gazette
6 Sep 2002 p. 4487) |
|
Fire and Emergency Services Legislation Amendment
Act 2002 s. 41 |
38 of 2002 |
20 Nov 2002 |
30 Nov 2002 (see s. 2 and Gazette
29 Nov 2002 p. 5651-2) |
|
Conservation and Land Management Amendment
Act 2002 |
43 of 2002 |
11 Dec 2002 |
11 Dec 2002 (see s. 2) |
|
Offshore Minerals (Consequential Amendments)
Act 2003 Pt. 3 |
12 of 2003 |
17 Apr 2003 |
1 Jan 2011 (see s. 2 and Gazette 17 Dec 2010 p.
6350) |
|
Reprint 4: The Conservation and Land Management
Act 1984 as at 24 Apr 2003 (includes amendments listed
above except those in the Offshore Minerals (Consequential Amendments) Act
2003 Pt. 3) |
|||
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 47 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Labour Relations Reform (Consequential Amendments)
Regulations 2003 r. 20 published in Gazette
15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) |
||
|
Economic Regulation Authority Act 2003
s. 62 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5723) |
|
Acts Amendment and Repeal (Competition Policy)
Act 2003 Pt. 5 |
70 of 2003 |
15 Dec 2003 |
21 Apr 2004 (see s. 2 and Gazette
20 Apr 2004 p. 1297) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 21(2) and 39(1)-(10) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 5: The Conservation and Land Management
Act 1984 as at 24 Sep 2004 (includes amendments listed
above except those in the Offshore Minerals (Consequential Amendments) Act
2003) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 6: The Conservation and Land Management
Act 1984 as at 9 Jun 2006 (includes amendments listed above
except those in the Offshore Minerals (Consequential Amendments) Act
2003) |
|||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 7 Div. 1 15-17 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Swan and Canning Rivers (Consequential and Transitional
Provisions) Act 2006 s. 6 |
52 of 2006 |
6 Oct 2006 |
25 Sep 2007 (see s. 2 and Gazette
25 Sep 2007 p. 4835) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and Sch. 1 cl. 29 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Petroleum Amendment Act 2007 s.
92 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
|
|
Reprint 7: The Conservation and Land Management
Act 1984 as at 4 Apr 2008 (includes amendments listed above
except those in the Offshore Minerals (Consequential Amendments) Act
2003) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 34 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s.
19 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Conservation Legislation Amendment Act 2011
Pt. 2 (other than s. 40) |
36 of 2011 |
13 Sep 2011 |
14 Mar 2012 (see s. 2(b) and Gazette
13 Mar 2012 p. 1033) |
|
Personal Property Securities (Consequential Repeals and
Amendments) Act 2011 Pt. 6 Div. 1 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth
Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov
2011) |
|
Reprint 8: The Conservation and Land Management
Act 1984 as at 11 May 2012 (includes amendments listed
above) |
|||
1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Conservation Legislation Amendment Act 2011
s. 40 18 |
36 of 2011 |
13 Sep 2011 |
To be proclaimed (see s. 2(b)) |
2 The Land Act 1933 was repealed by the Land
Administration Act 1997 s. 281.
3 The Forests Act 1918 was repealed by
s. 147(1) of this Act.
4 The Acts Amendment (Marine Reserves) Act 1997
s. 7(2) reads as follows:
(2) The application of section 6(6) of the principal Act [the
Conservation and Land Management Act 1984] as amended by
subsection (1)(d) extends to any waters or land reserved as or for the
purpose of a marine nature reserve or marine park before the commencement of
this section.
5 The National Parks Authority Act 1976 was repealed
by s. 147(1) of this Act.
6 The Acts Amendment (Marine Reserves) Act 1997
s. 8(3) reads as follows:
(3) To avoid doubt it is declared that section 7(5) of the principal
Act [the Conservation and Land Management Act 1984], as inserted by
subsection (1), applies to marine nature reserves and marine parks which,
immediately before the commencement of this Act, were vested in the National
Parks and Nature Conservation Authority, whether so vested under the principal
Act or under the Land Act 1933.
7 The Wildlife Conservation Act 1950 s. 10
was repealed by the Acts Amendment (Conservation and Land
Management) Act 1984 s. 6.
8 The Public Service Act 1978 was repealed by the
Public Sector Management Act 1994 s. 110.
9 The Conservation and Land Management Amendment Act 1991
s. 51 had not come into operation when it was deleted by the Statutes
(Repeals and Miscellaneous Amendments) Act 2009 s. 35(2).
10 The Conservation and Land Management Amendment
Act 1992 s. 18 reads as follows:
18. Validation
Every contract entered into by the Executive Director before the
commencement of this Act that would have been lawful if the amendments to the
principal Act effected by this Act had been in force at the time when it was
entered into is declared to have been lawfully entered into and any act or thing
done under such a contract is declared to have been lawfully done.
11 The Conservation and Land Management Amendment
Act 1993 s. 10 reads as follows:
10. Validity of past acts
Anything done under the principal Act before the commencement of this Act
is declared to be and to have always been as valid and effective as it would
have been if, at the time when it was done, this Act had come into
operation.
12 The amendments in section 15(1)(a) and (9) do not have
effect because the relevant provisions were amended by the Acts Amendment
(Marine Reserves) Act 1997.
13 The Conservation and Land Management Amendment
Act 2000 s. 5 was repealed by the Statutes (Repeals and Minor
Amendments) Act 2003 s. 39(11).
14 The Conservation and Land Management Amendment
Act 2000 Sch. 1 reads as follows:
Schedule 1 — Transitional
provisions
[s. 51]
1. Definitions
In this Schedule —
Authority has the meaning given in section 3 of the
CALM Act, as enacted immediately before the commencement of this Act;
CALM Act means the Conservation and Land Management
Act 1984;
Commission has the meaning given in section 3 of the
CALM Act, as enacted immediately before the commencement of this Act;
Conservation Commission means the Conservation Commission of
Western Australia established by section 18 of the CALM Act, as amended by
this Act;
Council has the meaning given in section 3 of the CALM
Act, as enacted immediately before the commencement of this Act;
Executive Director has the meaning given in section 3
of the CALM Act;
forest produce has the meaning given in section 3 of
the CALM Act;
forest products has the same meaning as it has in the Forest
Products Act;
Forest Products Act means the Forest Products
Act 2000;
Forest Products Commission means the Forest Products
Commission established by the Forest Products Act;
harvesting has the same meaning as it has in the Forest
Products Act;
Minister means the Minister responsible for the
administration of the CALM Act.
2. Certain contracts under CALM Act for sale of forest products have
effect as if entered into by Forest Products Commission
(1) A contract for the sale of forest produce entered into under
section 88(1)(b)(i) of the CALM Act that is in effect immediately before
the commencement of this Act has effect as if it had been entered into by the
Forest Products Commission instead of the Executive Director.
(2) Subclause (1) applies only to the extent that the contract
relates to the sale of forest products and to matters associated with that
sale.
(3) The terms and conditions of a contract referred to in
subclause (1), including the provisions of Part VIII Division 1 of the
CALM Act, continue to have effect, but the Commission may negotiate variations
to the contract to ensure that the provisions of the contract are consistent
with the relevant management plan and amendments to the CALM Act that come into
operation on the commencement of this Act.
(4) A contract referred to in subclause (1) has no effect after the
relevant management plan has expired.
(5) The CALM Act, as enacted immediately before the commencement of this
Act, continues to have effect on and after that commencement for the purposes of
a contract referred to in subclause (1), except that the references in
sections 91(2), 92(5)(b), 93, 94(1) and 95(2)(b) of that Act to the
Executive Director are taken to be references to the Forest Products
Commission.
(6) Subclause (5) ceases to apply to a contract referred to in
subclause (1) if the contract is varied under subclause (3).
3. Certain contracts under CALM Act for harvesting of forest products
have effect as if entered into by the Forest Products Commission
(1) A contract entered into under section 88(1)(b)(ii) or
section 88(1a) of the CALM Act that is in effect immediately before
the commencement of this Act has effect as if it had been entered into by the
Forest Products Commission instead of the Executive Director.
(2) Subclause (1) applies only to the extent that the contract
relates to the harvesting of forest products and to matters associated with that
harvesting.
(3) The terms and conditions of a contract referred to in
subclause (1), including the provisions of Part VIII Division 1 of the
CALM Act, continue to have effect but the Commission may negotiate variations to
the contract to ensure that the provisions of the contract are consistent with
the relevant management plan and amendments to the CALM Act that come into
operation on the commencement of this Act.
4. Transfer of rights and obligations under certain timber sharefarming
agreements under CALM Act
(1) A timber sharefarming agreement referred to in section 34B of the
CALM Act that is in effect immediately before the commencement of this Act has
effect as if any rights, obligations or powers held by, or imposed or conferred
on, the Executive Director under that agreement were rights, obligations or
powers held by, or imposed or conferred on, the Forest Products
Commission.
(2) A timber sharefarming agreement referred to in subclause (1)
entered into by the Executive Director as agent of another person has effect as
if the agreement were entered into by the Forest Products Commission as agent of
that person.
5. Transfer of rights and obligations under other
agreements
(1) Subject to clauses 2, 3 and 4, an agreement that is in effect
immediately before the commencement of this Act that provides for any rights,
obligations or powers to be held by, or to be imposed or conferred on, the
Executive Director under the agreement as to the harvesting, sale or supply of
timber or other forest produce has effect as if the rights, obligations or
powers were held by, or imposed or conferred on, the Forest Products
Commission.
(2) An agreement referred to in subclause (1) entered into by the
Executive Director as agent of another person has effect as if the agreement
were entered into by the Forest Products Commission as agent of that
person.
(3) Subclauses (1) and (2) apply only to the extent that the
agreement concerned relates to the harvesting, sale or supply of forest products
and to matters associated with that harvesting, sale or supply.
6. Transfer of positions
(1) The Minister, by order published in the Gazette within 4 weeks
of the commencement of this Act, is to determine the positions, the functions or
duties of which related, immediately before the commencement of this Act, to
performing duties relating exclusively or primarily to —
(a) the negotiation, preparation, administration and enforcement of
contracts for the sale of things that are forest products;
(b) the negotiation, preparation, administration and enforcement of
contracts under section 88(1a) of the CALM Act in relation to things that
are forest products;
(c) the making of arrangements in relation to timber sharefarming
agreements referred to in section 34B of the CALM Act;
(d) the establishment or maintenance of plantations of forest products,
plant nurseries for the production of forest products, or seed or propagation
orchards of forest products;
(e) the undertaking of research into the management and production of
forest products in plantations; or
(f) the undertaking of research into the use of forest products.
(2) The Minister, by order published in the Gazette within 4 weeks
of the commencement of this Act, may determine the positions (other than the
positions determined under subclause (1)) —
(a) the functions or duties of which related, immediately before the
commencement of this Act, to the provision of administrative, policy or
corporate services for the purposes of the performance of the duties referred to
in subclause (1); and
(b) that the Minister considers appropriate for transfer to the Forest
Products Commission.
(3) On the publication of an order under subclause (1) or (2) a
position referred to in the order is transferred to the Forest Products
Commission.
(4) A person holding a position when it is transferred to the Forest
Products Commission is to be regarded as having been engaged under
section 39 of the Forest Products Act.
(5) Except as otherwise agreed by a person referred to in subclause(4),
the remuneration, existing or accrued rights (including the right to be employed
for an indefinite period in the Public Service), rights under a superannuation
scheme or terms, conditions or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclauses (3) and
(4).
(6) If a person referred to in subclause (4) was a contributor as
defined in the Superannuation and Family Benefits Act 1938
immediately before becoming a Commission employee, the person may continue to be
a contributor under that Act after becoming a Commission employee.
(7) For the purposes of subclause (6), the Forest Products
Commission —
(a) is a department as defined by the Superannuation and Family
Benefits Act 1938; and
(b) is to pay to the Board under that Act payments of the kind described
in paragraph (i) of the proviso to the definition of
department in section 6 of that Act.
(8) If a transferred employee ceases to be a Commission employee, he or
she is entitled to employment as a public service officer in the Department at
the same level of classification as he or she held immediately before becoming a
Commission employee.
(9) A person does not have an entitlement under subclause (8) if his
or her employment as a Commission employee was terminated, or he or she was
dismissed, for substandard performance, breach of discipline or
misconduct.
(10) Subclause (8) does not prevent the subsequent operation of
Part 6 of the Public Sector Management Act 1994 in relation to
a person who is employed in the Department under an entitlement under
subclause (8).
(11) When a person ceases to be a Commission employee and becomes a public
service officer under an entitlement under subclause (8), his or her
service as a Commission employee is to be regarded as service in the Public
Service for the purposes of determining his or her rights as a public service
officer and for the purposes of the Superannuation and Family Benefits
Act 1938.
(12) If no suitable vacancy is available to meet a person’s
entitlement under subclause (8), circumstances attracting the operation of
Part 6 of the Public Sector Management Act 1994 are to be
regarded as having arisen in relation to the person.
(13) In this clause —
Commission employee means a member of the staff of the
Forest Products Commission;
transferred employee means a person referred to in
subclause (4) who, immediately before becoming a Commission employee, was
employed for an indefinite period in the Public Service.
7. Reserves and other land vested in the Commission or
Authority
(1) The care, control and management of a reserve that, immediately before
the commencement of this Act, are placed under the Land Administration
Act 1997 with the Commission or the Authority (the original
placement) are, on that commencement and by this subclause, placed under
that Act with the Conservation Commission subject to any interests or conditions
that applied to the original placement.
(2) The care, control and management of a reserve vested under a written
law (other than the CALM Act) in the Commission or the Authority immediately
before the commencement of this Act (the original vesting) are, on
that commencement and by this subclause, placed under the Land Administration
Act 1997 with the Conservation Commission subject to any interests or
conditions that applied to the original vesting.
(3) Land that is vested in the Commission under section 7 of the CALM
Act immediately before the commencement of this Act (the original
vesting) is, on that commencement, vested under that section in the
Conservation Commission subject to any interests or conditions that applied to
the original vesting.
(4) Land that is vested in the Authority, either solely or jointly with
another body or other bodies, under section 7 of the CALM Act immediately
before the commencement of this Act (the original vesting) is, on
that commencement, vested under that section in the Conservation Commission,
either solely or jointly with another body or other bodies, subject to any
interests or conditions that applied to the original vesting.
8. Management plans
A management plan prepared by the Commission or the Authority under Part
V of the CALM Act that is in effect immediately before the commencement of this
Act has effect as if it had been prepared by the Conservation Commission under
that Part as amended by this Act.
9. Members of Commission, Authority and Council
A person who holds office as a member of the Commission, the Authority or
the Council immediately before the commencement of this Act ceases to hold that
office on that commencement but, subject to the CALM Act as amended by this Act,
is eligible to be appointed as a member of the Conservation
Commission.
10. Certain regulations under CALM Act taken to have been made under
Forest Products Act
(1) Regulations made under the CALM Act to which this subclause applies
that are in effect immediately before the commencement of this Act have effect
as if they had been made under section 70 of the Forest Products
Act.
(2) Subject to subclause (3), subclause (1) applies to
regulations that relate to —
(a) the registration of timber workers;
(b) identification codes for persons who fell trees in State forests or
timber reserves;
(c) log delivery notes;
(d) the receiving by sawmills of log timber felled in State forests or
timber reserves;
(e) the determination of the quantity of log timber felled in State
forests or timber reserves;
(f) records made of log timber felled in State forests or timber reserves
and received at sawmills;
(g) the sale by public auction or tender of forest produce;
(h) the powers of forest officers in relation to forest produce;
(i) the provision of statistical information relating to forest produce
taken from State forests or timber reserves;
(j) the minimizing of damage to, and destruction of, forest produce in
State forests or timber reserves caused by the holders of licences, permits or
contracts;
(k) the unauthorised destruction, cutting, injuring or removing of or
interfering with seized forest produce;
(l) the exporting of karri timber;
(m) the making of false or misleading statements or representations, or
the production of forged or counterfeit documents, for the purpose of procuring
the registration of a person or an identification code;
(n) the form and amendment of registers and the obtaining of copies of
extracts from registers;
(o) the provision of information relating to, and copies of, permits,
licences or contracts;
(p) fees; and
(q) appeals relating to the registration of a person or an identification
code.
(3) If subclause (1) applies to a regulation that relates to forest
produce, that subclause only has effect to the extent that the regulation
relates to forest products.
(4) Regulations may be made under Part X of the CALM Act to amend, repeal
or repeal and replace regulations to which subclause (1) applies.
11. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Schedule and is empowered to record and register in the appropriate manner any
necessary documents, and otherwise to give effect to this Schedule.
12. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, the Governor may make regulations prescribing all matters
that are required, or are necessary or convenient, for dealing with that
transitional matter.
(2) Regulations made under subclause (1) may have effect before the
day on which they are published in the Gazette.
(3) To the extent that a regulation made under subclause (1) may have
effect before the day of its publication in the Gazette, it does
not —
(a) affect in a manner prejudicial to any person (other than the State,
the Executive Director, the Forest Products Commission or the Conservation
Commission), the rights of that person existing before the day of its
publication; or
(b) impose liabilities on any person (other than the State, the Executive
Director, the Forest Products Commission or the Conservation Commission) in
respect of anything done or omitted to be done before the day of its
publication.
(4) In subclause (1) —
transitional matter means a matter that needs to be dealt
with for the purpose of effecting the transition from the CALM Act, as enacted
immediately before the commencement of this Act, to —
(a) the CALM Act as amended by this Act; or
(b) the Forest Products Act.
13. Saving
The operation of any provision of this Schedule is not to be
regarded —
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of property, rights or liabilities or the
disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as causing
or permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any property, right or liability;
(d) as causing any contract or other instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
15 The Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 7 Div. 7 reads as follows:
Division 7 — Transitional
provisions
224. Conservation and Land Management Act 1984
(1) A thing done or omitted to be done before commencement by, to or in
relation to the Executive Director (other than as the body corporate referred to
in section 38 of the Conservation and Land Management Act 1984
as in force before commencement) under, or for the purposes of, an enactment has
the same effect after commencement, to the extent that it has any force or
significance after commencement, as if it had been done or omitted by, to or in
relation to the CEO under, or for the purposes of, that enactment.
(2) The Conservation and Land Management Executive Body established by
section 36 of the Conservation and Land Management Act 1984 (as
in force after commencement) is a continuation of, and the same legal person as,
the body corporate referred to in section 38 of that Act (as in force
before commencement).
(3) Land placed under the management of the Department under
section 33(2) of the Conservation and Land Management Act 1984
before commencement is to be taken to have been placed, on commencement, under
the management of the CEO under that Act.
(4) The Registrar of Titles or the Registrar of Deeds and Transfers may
make any entry in, or any endorsement or notation on, the title, land register
or other record in respect of land that is necessary because of
subsection (3).
(5) A reference in a written law or any other instrument to land under the
management of the Department under the Conservation and Land Management
Act 1984 is to be read as a reference to land under the management of
the CEO.
(6) A reference in a written law or any other instrument to the Director
of Nature Conservation, the Director of Forests or the Director of National
Parks is to be read as a reference to the CEO.
(7) In this section —
CEO has the meaning given by section 3 of the
Conservation and Land Management Act 1984 as in force after
commencement;
commencement means the time at which section 183 comes
into operation;
Executive Director means the Executive Director referred to
in section 36 of the Conservation and Land Management Act 1984
as in force before commencement,
and, unless the contrary intention appears, other words and expressions
in this section have the same respective meanings as they have in the
Conservation and Land Management Act 1984.
16 The requirement to appoint an Executive Director was removed
from the Act and references to the Executive Director were replaced by
references to the CEO, see the Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 7 Div. 1. Section 454 of that
Act is a general transitional provision that applies to references to the
Executive Director in written laws.
17 The requirement to establish the Department of Conservation
and Land Management was removed from the Act, see the Machinery of Government
(Miscellaneous Amendments) Act 2006 Pt. 7 Div. 1.
Section 453 of that Act is a general transitional provision that applies to
references to the Department of Conservation and Land Management in written
laws.
18 On
the date as at which this reprint was prepared, the Conservation Legislation
Amendment Act 2011 s. 40 had not come into operation.
It reads as follows:
Part 2 — Conservation and Land
Management Act 1984 amended
40. Sections 103A
and 103B inserted
At the end of Part IX Division 1 insert:
103A. Aboriginal
persons may do things for customary purposes
(1) In this section —
Aboriginal customary purpose means —
(a) preparing or consuming food customarily eaten by Aboriginal persons;
or
(b) preparing or using medicine customarily used by Aboriginal persons;
or
(c) engaging in artistic, ceremonial or other cultural activities
customarily engaged in by Aboriginal persons; or
(d) engaging in activities incidental to a purpose stated in
paragraph (a), (b) or (c);
exclusive native title holder, for an area in relation to
which exclusive native title exists, means —
(a) the registered native title body corporate (as defined in
section 253 of the NT Act) in respect of the native title rights and
interests concerned; or
(b) if there is no such body corporate, each person who holds the native
title rights and interests concerned or a person acting with the authority of
each such person;
managed land means any land, waters or any land and waters,
that are the subject of a management plan;
protected thing means any flora, fauna, forest produce or
other naturally occurring thing, the taking or removal of which from land to
which this Part applies is prohibited or restricted by this Act;
relevant act, on land to which this Part applies,
means —
(a) entering the land;
(b) driving or riding a vehicle or navigating a vessel on the
land;
(c) bringing an animal on to the land;
(d) camping temporarily on the land;
(e) lighting or kindling a fire on the land;
(f) taking or removing a protected thing on the land;
take, in relation to fauna, includes the
following —
(a) to capture, injure, interfere with and kill fauna;
(b) to attempt to do any such act;
(c) to hunt fauna even though no fauna is captured, injured or
killed;
(d) to cause or permit any such act to be done;
take, in relation to any protected thing other than fauna,
includes the following —
(a) to cut, damage, destroy, dig up, gather, pick and uproot the
thing;
(b) to attempt to do any such act;
(c) to cause or permit any such act to be done;
vehicle has the meaning given in section 81.
(2) This section does not affect the operation of the Wildlife
Conservation Act 1950.
(3) It is a defence to a charge of an offence against this Act that is
alleged to have been committed on land to which this Part applies and that is
constituted by a relevant act on the land to prove —
(a) the accused is an Aboriginal person; and
(b) the accused did the relevant act for an Aboriginal customary purpose;
and
(c) in doing the relevant act the accused complied with any regulations
that restrict or exclude the operation of this subsection; and
(d) if the offence is alleged to have been committed in an area in
relation to which exclusive native title exists, the accused
either —
(i) held the exclusive native title alone or with other persons;
or
(ii) did the relevant act with the consent of the exclusive native title
holder;
and
(e) if the offence is alleged to have been committed on section 8A
land, the accused, under the relevant section 8A agreement, was permitted
to do the act on the land for an Aboriginal customary purpose.
(4) If, but for this subsection, the defence provided by
subsection (3) would entitle an Aboriginal person to do an act that is
inconsistent with the continued existence, enjoyment or exercise of any native
title rights and interests (as defined in section 223 of the NT Act) held
by another Aboriginal person, the defence does not apply to that act.
(5) An Aboriginal person who takes or removes a protected thing for an
Aboriginal customary purpose must not sell the thing, or any part of it, unless,
under the regulations, the sale is excepted or the person is authorised or
licensed to do so.
Penalty: a fine of $4 000.
(6) Regulations made under Part X —
(a) may, by reference to time, place, protected thing, circumstances or
class of person, or to a combination of them, restrict or exclude the operation
of subsection (3); and
(b) may restrict or exclude the operation of subsection (3) in
relation to the taking or removal of protected things by reference to any of, or
a combination of, the following —
(i) the kind of protected thing taken or removed;
(ii) the class of person taking or removing the protected thing;
(iii) the time of taking or removal;
(iv) the place of taking or removal;
(v) the manner of taking or removal;
(vi) the quantity of a protected thing taken or removed;
(vii) the circumstances of the taking or removal,
but must not restrict or exclude the operation of subsection (3) in
respect of managed land except for a purpose that is consistent with the
management plan for the land.
103B. People
acting under s. 8A agreements, defence for
It is a defence to a charge of an offence against this Act alleged to
have been committed on section 8A land to prove —
(a) the accused was a party to the relevant section 8A agreement or
was acting with the authority of such a party; and
(b) the agreement authorised the party to do the act or make the omission
constituting the offence.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
Aboriginal
person 3
agency 26D(7)
agreed area 8A(1)
alienated
land 8A(1)
amendment Act 143(1)
aquaculture 3
associated
body 3
authorised land officer 17A(8)
authorised
officer 102(1)
authorised person 81
biodiversity 3
biodiversity
components 3
business undertaking 34A(3)
CEO 3
chief executive
officer 26D(7)
commercial fishing 3
commercial
purposes 13C(2)
compatible operations 33A(2)
conservation and land
management officer 3
Conservation Commission 3
conservation
park 3
Conservator 145
contract 87(1)
contract of
sale 87(1)
controlling body 27, 53
Crown land 8A(1), 11,
87(1)
Department 3
designated park or
reserve 138(3)
Director 23(6)
disease
area 81
document 25(4)
drilling reservation 13E(1)
eligible land 8A(1),
8C(1)
essential works 99A(2)
excluded waters 5(2)
exclusive native
title 3
Executive Body 3
fauna 3
firewood 3
Fisheries
Department 3
flora 3
forest lease 3
forest officer 3
forest
produce 3, 87(1)
forest products 3
Forest Products Commission 3
Forests
Department 145
former authority 145
former provision 148(4)
geothermal
energy 13C(1aa)
geothermal energy
resources 13C(1aa)
infected 81
information 25(4)
intertidal
zone 3
land 3, 17(8), 53, 98(2)
Land Administration Minister 3
land to
which this Act applies 3
land to which this Part
applies 102(1)
lease 13E(1)
licence 13E(1), 87(1)
management
plan 3
Marine Authority 3
Marine Committee 3
marine management
area 3
marine nature reserve 3
marine park 3
marine
reserve 3
member 3
mining tenement 96(5), 130A(2)
Minister (Water
Resources) 3
Minister for Fisheries 3
Minister for Forest
Products 3
Minister for Indigenous Affairs 3
Minister
for Mines 3
national park 3
National Parks Authority 145
nature
reserve 3
nature reserves 130(3)
NCNP Account 68(1)
necessary
operations 33A(1)
non-exclusive native title 3
NT Act 3
owner 34B(8),
81
Part VIII Division 1 authorisation 103(2c)
pastoral region 108C(3)
pearling activity 3
permit 13E(1),
87(1)
person responsible 8A(1)
petroleum authorisation 13E(1)
petroleum
law 13E(1)
pipeline licence 13E(1)
potential carrier 81
private
land 33(8)
production contract 22(3)
proposed notice 62A(1)
public
land 81
public water catchment area 3
ranger 3
recreational
fishing 3
relevant offence 124(7)
relevant water
utility 53
renewal 13E(1)
repealed Act 145
responsible body 53
risk
area 81
road 81
scientific officer 26H(3)
section 56A
agreement 56A(3)
section 8A agreement 3
section 8A
land 3
section 8C land 3
staff 25(4)
State forest 3
State
forests 128(2)
take 101A
timber 3
timber
reserve 3
tree 3
use 33(8)
vehicle 81
vested 7(6)
Western
Australian waters 13(8)
Western Australian Wildlife Authority 145
wildlife
officer 3